Stoeckert

JAMAICA'S FIRST palimony suit involving Helga Stoeckert, co-owner of the Hotel Four Seasons in Kingston, and the late Paul H. Geddes, former head of Desnoes and Geddes, has taken another turn.

In the latest twist to the case which has attracted much public attention and debate, Miss Stoeckert is seeking to claim 200,000 pounds (J$13 million) from an account at a bank in London, England.

The money is the balance in a joint account held at the Royal Bank of Canada Europe Ltd. in her name and that of Mr. Geddes.

Although the Privy Council ruled last December that the 67-year-old Miss Stoeckert was not entitled to any of Mr. Geddes' assets, it did not make a ruling in relation to the joint bank account.

The couple were lovers for 32 years before Mr. Geddes ended the relationship in April 1991 and a week later married Marjie Piper, an American who was then 36 years old. Mr. Geddes died last June, leaving his widow as the executrix of his $600 million estate.

In the subsequent palimony suit brought by Miss Stoeckert, Mr. Justice Neville Clarke ruled that she was entitled to one-sixth share in certain assets, including the joint bank account.

Miss Stoeckert contended in her palimony suit that there was an agreement, arrangement, understanding or common intention between her and Mr. Geddes arising from discussions between them that she should have a beneficial interest in his assets.

Mr. Geddes, in his defence, denied that there was any common intention between them and said she was not entitled to any of his assets.

He appealed, and the Court of Appeal set aside the order, ruling that Miss Stoeckert was not entitled to any share of the assets. She then appealed to the United Kingdom Privy Council and lost in a ruling handed down last December. Mr. Geddes died before the appeal was heard by the Privy Council but Miss Stoeckert continued the appeal against the executrix of the estate.

Miss Stoeckert has since contacted the bank to claim the balance in the account.

However, on March 27, this year, Mrs. Geddes filed an originating summons in the Supreme Court, asking the court to make a declaration that the estate was entitled to the balance in the joint account in London. A date has not been set yet for hearing the summons.

"It is unfortunate that there should be more litigation but since the Privy Council did not specifically deal with it (the joint bank account) we have no choice but to go back to court," Michael Hylton, Q.C. who is representing Mrs. Geddes, said on Friday.

Attorney-at-law Crafton Miller, who represents Miss. Stoeckert, said his client had entered an appearance in the matter.

Under the circumstances, the bank has taken the position that it would not pay out the proceeds of the account without an order of the court specifically declaring who was entitled to the balance in the accounts.

The matter was referred back to the Law Lords who indicated that they did not hear arguments in relation to the account and that their ruling should not be treated as a declaration as to the entitlement to the balance in the account.